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417 lines
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Copyright Riley Trautman 2019
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COOPERATIVE SOFTWARE LICENSE
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
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COPYFARLEFT PUBLIC LICENSE ("LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN
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AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY
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EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS LICENSE, YOU AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE
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MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND
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CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE TERMS
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AND CONDITIONS OF THIS LICENSE.
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1. DEFINITIONS
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a. "Adaptation" means a work based upon the Work, or upon the
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Work and other pre-existing works, such as a translation,
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adaptation, derivative work, arrangement of music or other
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alterations of a literary or artistic work, or phonogram or
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performance and includes cinematographic adaptations or any
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other form in which the Work may be recast, transformed, or
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adapted including in any form recognizably derived from the
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original, except that a work that constitutes a Collection will
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not be considered an Adaptation for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical work,
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performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be
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considered an Adaptation for the purpose of this License.
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b. "Collection" means a collection of literary or artistic
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works, such as encyclopedias and anthologies, or performances,
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phonograms or broadcasts, or other works or subject matter other
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than works listed in Section 1(f) below, which, by reason of the
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selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its
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entirety in unmodified form along with one or more other
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contributions, each constituting separate and independent works
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in themselves, which together are assembled into a collective
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whole. A work that constitutes a Collection will not be
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considered an Adaptation (as defined above) for the purposes of
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this License.
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c. "Distribute" means to make available to the public the
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original and copies of the Work or Adaptation, as appropriate,
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through sale, gift or any other transfer of possession or
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ownership.
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d. "Licensor" means the individual, individuals, entity or
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entities that offer(s) the Work under the terms of this License.
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e. "Original Author" means, in the case of a literary or
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artistic work, the individual, individuals, entity or entities
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who created the Work or if no individual or entity can be
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identified, the publisher; and in addition (i) in the case of a
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performance the actors, singers, musicians, dancers, and other
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persons who act, sing, deliver, declaim, play in, interpret or
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otherwise perform literary or artistic works or expressions of
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folklore; (ii) in the case of a phonogram the producer being the
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person or legal entity who first fixes the sounds of a
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performance or other sounds; and, (iii) in the case of
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broadcasts, the organization that transmits the broadcast.
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f. "Work" means the literary and/or artistic work offered under
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the terms of this License including without limitation any
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production in the literary, scientific and artistic domain,
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whatever may be the mode or form of its expression including
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digital form, such as a book, pamphlet and other writing; a
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lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico-musical work; a choreographic work or
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entertainment in dumb show; a musical composition with or
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without words; a cinematographic work to which are assimilated
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works expressed by a process analogous to cinematography; a work
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of drawing, painting, architecture, sculpture, engraving or
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lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of
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applied art; an illustration, map, plan, sketch or
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three-dimensional work relative to geography, topography,
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architecture or science; a performance; a broadcast; a
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phonogram; a compilation of data to the extent it is protected
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as a copyrightable work; or a work performed by a variety or
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circus performer to the extent it is not otherwise considered a
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literary or artistic work.
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g. "You" means an individual or entity exercising rights under
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this License who has not previously violated the terms of this
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License with respect to the Work, or who has received express
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permission from the Licensor to exercise rights under this
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License despite a previous violation.
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h. "Publicly Perform" means to perform public recitations of the
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Work and to communicate to the public those public recitations,
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by any means or process, including by wire or wireless means or
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public digital performances; to make available to the public
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Works in such a way that members of the public may access these
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Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and
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the communication to the public of the performances of the Work,
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including by public digital performance; to broadcast and
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rebroadcast the Work by any means including signs, sounds or
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images.
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i. "Reproduce" means to make copies of the Work by any means
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including without limitation by sound or visual recordings and
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the right of fixation and reproducing fixations of the Work,
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including storage of a protected performance or phonogram in
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digital form or other electronic medium.
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j. "Software" means any digital Work which, through use of a
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third-party piece of Software or through the direct usage of
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itself on a computer system, the memory of the computer is
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modified dynamically or semi-dynamically. "Software",
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secondly, processes or interprets information.
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k. "Source Code" means the human-readable form of Software
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through which the Original Author and/or Distributor originally
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created, derived, and/or modified it.
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l. "Web Service" means the use of a piece of Software to
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interpret or modify information that is subsequently and directly
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served to users over the Internet.
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2. FAIR DEALING RIGHTS
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Nothing in this License is intended to reduce, limit, or restrict any
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uses free from copyright or rights arising from limitations or
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exceptions that are provided for in connection with the copyright
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protection under copyright law or other applicable laws.
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3. LICENSE GRANT
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Subject to the terms and conditions of this License, Licensor hereby
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grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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a. to Reproduce the Work, to incorporate the Work into one or
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more Collections, and to Reproduce the Work as incorporated in
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the Collections;
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b. to create and Reproduce Adaptations provided that any such
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Adaptation, including any translation in any medium, takes
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reasonable steps to clearly label, demarcate or otherwise
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identify that changes were made to the original Work. For
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example, a translation could be marked "The original work was
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translated from English to Spanish," or a modification could
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indicate "The original work has been modified.";
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c. to Distribute and Publicly Perform the Work including as
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incorporated in Collections; and,
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d. to Distribute and Publicly Perform Adaptations. The above
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rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right
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to make such modifications as are technically necessary to
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exercise the rights in other media and formats. Subject to
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Section 8(g), all rights not expressly granted by Licensor are
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hereby reserved, including but not limited to the rights set
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forth in Section 4(h).
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4. RESTRICTIONS
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The license granted in Section 3 above is expressly made subject to and
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limited by the following restrictions:
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a. You may Distribute or Publicly Perform the Work only under
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the terms of this License. You must include a copy of, or the
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Uniform Resource Identifier (URI) for, this License with every
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copy of the Work You Distribute or Publicly Perform. You may not
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offer or impose any terms on the Work that restrict the terms of
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this License or the ability of the recipient of the Work to
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exercise the rights granted to that recipient under the terms of
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the License. You may not sublicense the Work. You must keep
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intact all notices that refer to this License and to the
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disclaimer of warranties with every copy of the Work You
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Distribute or Publicly Perform. When You Distribute or Publicly
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Perform the Work, You may not impose any effective technological
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measures on the Work that restrict the ability of a recipient of
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the Work from You to exercise the rights granted to that
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recipient under the terms of the License. This Section 4(a)
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applies to the Work as incorporated in a Collection, but this
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does not require the Collection apart from the Work itself to be
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made subject to the terms of this License. If You create a
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Collection, upon notice from any Licensor You must, to the
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extent practicable, remove from the Collection any credit as
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required by Section 4(f), as requested. If You create an
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Adaptation, upon notice from any Licensor You must, to the
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extent practicable, remove from the Adaptation any credit as
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required by Section 4(f), as requested.
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b. Subject to the exception in Section 4(e), you may not
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exercise any of the rights granted to You in Section 3 above in
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any manner that is primarily intended for or directed toward
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commercial advantage or private monetary compensation. The
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exchange of the Work for other copyrighted works by means of
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digital file-sharing or otherwise shall not be considered to be
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intended for or directed toward commercial advantage or private
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monetary compensation, provided there is no payment of any
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monetary compensation in connection with the exchange of
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copyrighted works.
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c. If the Work meets the definition of Software, You may exercise
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the rights granted in Section 3 only if You provide a copy of the
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corresponding Source Code from which the Work was derived in digital
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form, or You provide a URI for the corresponding Source Code of
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the Work, to any recipients upon request.
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d. If the Work is used as or for a Web Service, You may exercise
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the rights granted in Section 3 only if You provide a copy of the
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corresponding Source Code from which the Work was derived in digital
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form, or You provide a URI for the corresponding Source Code to the
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Work, to any recipients of the data served or modified by the Web
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Service.
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e. You may exercise the rights granted in Section 3 for
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commercial purposes only if you satisfy any of the following:
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i. You are a worker-owned business or worker-owned
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collective; and
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ii. after tax, all financial gain, surplus, profits and
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benefits produced by the business or collective are
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distributed among the worker-owners
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iii. You are not using such rights on behalf of a business
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other than those specified in 4(e.i) and elaborated upon in
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4(e.ii), nor are using such rights as a proxy on behalf of a
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business with the intent to circumvent the aforementioned
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restrictions on such a business.
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f. Any use by a business that is privately owned and managed,
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and that seeks to generate profit from the labor of employees
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paid by salary or other wages, is not permitted under this
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license.
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g. If You Distribute, or Publicly Perform the Work or any
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Adaptations or Collections, You must, unless a request has been
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made pursuant to Section 4(a), keep intact all copyright notices
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for the Work and provide, reasonable to the medium or means You
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are utilizing: (i) the name of the Original Author (or
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pseudonym, if applicable) if supplied, and/or if the Original
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Author and/or Licensor designate another party or parties (e.g.,
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a sponsor institute, publishing entity, journal) for attribution
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("Attribution Parties") in Licensor!s copyright notice, terms of
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service or by other reasonable means, the name of such party or
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parties; (ii) the title of the Work if supplied; (iii) to the
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extent reasonably practicable, the URI, if any, that Licensor
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specifies to be associated with the Work, unless such URI does
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not refer to the copyright notice or licensing information for
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the Work; and, (iv) consistent with Section 3(b), in the case of
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an Adaptation, a credit identifying the use of the Work in the
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Adaptation (e.g., "French translation of the Work by Original
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Author," or "Screenplay based on original Work by Original
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Author"). The credit required by this Section 4(f) may be
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implemented in any reasonable manner; provided, however, that in
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the case of a Adaptation or Collection, at a minimum such credit
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will appear, if a credit for all contributing authors of the
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Adaptation or Collection appears, then as part of these credits
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and in a manner at least as prominent as the credits for the
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other contributing authors. For the avoidance of doubt, You may
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only use the credit required by this Section for the purpose of
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attribution in the manner set out above and, by exercising Your
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rights under this License, You may not implicitly or explicitly
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assert or imply any connection with, sponsorship or endorsement
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by the Original Author, Licensor and/or Attribution Parties, as
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appropriate, of You or Your use of the Work, without the
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separate, express prior written permission of the Original
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Author, Licensor and/or Attribution Parties.
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h. For the avoidance of doubt:
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i. Non-waivable Compulsory License Schemes. In those
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jurisdictions in which the right to collect royalties
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through any statutory or compulsory licensing scheme
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cannot be waived, the Licensor reserves the exclusive
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right to collect such royalties for any exercise by You of
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the rights granted under this License;
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ii. Waivable Compulsory License Schemes. In those
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jurisdictions in which the right to collect royalties
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through any statutory or compulsory licensing scheme can
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be waived, the Licensor reserves the exclusive right to
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collect such royalties for any exercise by You of the
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rights granted under this License if Your exercise of such
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rights is for a purpose or use which is otherwise than
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noncommercial as permitted under Section 4(b) and
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otherwise waives the right to collect royalties through
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any statutory or compulsory licensing scheme; and,
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iii.Voluntary License Schemes. The Licensor reserves the
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right to collect royalties, whether individually or, in
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the event that the Licensor is a member of a collecting
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society that administers voluntary licensing schemes, via
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that society, from any exercise by You of the rights
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granted under this License that is for a purpose or use
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which is otherwise than noncommercial as permitted under
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Section 4(b).
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i. Except as otherwise agreed in writing by the Licensor or as
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may be otherwise permitted by applicable law, if You Reproduce,
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Distribute or Publicly Perform the Work either by itself or as
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part of any Adaptations or Collections, You must not distort,
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mutilate, modify or take other derogatory action in relation to
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the Work which would be prejudicial to the Original Author's
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honor or reputation. Licensor agrees that in those jurisdictions
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(e.g. Japan), in which any exercise of the right granted in
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Section 3(b) of this License (the right to make Adaptations)
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would be deemed to be a distortion, mutilation, modification or
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other derogatory action prejudicial to the Original Author's
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honor and reputation, the Licensor will waive or not assert, as
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appropriate, this Section, to the fullest extent permitted by
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the applicable national law, to enable You to reasonably
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exercise Your right under Section 3(b) of this License (right to
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make Adaptations) but not otherwise.
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5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
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ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
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THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
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YOU.
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6. LIMITATION ON LIABILITY
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EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
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LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
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THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES.
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7. TERMINATION
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a. This License and the rights granted hereunder will terminate
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automatically upon any breach by You of the terms of this
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License. Individuals or entities who have received Adaptations
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or Collections from You under this License, however, will not
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have their licenses terminated provided such individuals or
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entities remain in full compliance with those licenses. Sections
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1, 2, 5, 6, 7, and 8 will survive any termination of this
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License.
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b. Subject to the above terms and conditions, the license
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granted here is perpetual (for the duration of the applicable
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copyright in the Work). Notwithstanding the above, Licensor
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reserves the right to release the Work under different license
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terms or to stop distributing the Work at any time; provided,
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however that any such election will not serve to withdraw this
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License (or any other license that has been, or is required to
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be, granted under the terms of this License), and this License
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will continue in full force and effect unless terminated as
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stated above.
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8. MISCELLANEOUS
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a. Each time You Distribute or Publicly Perform the Work or a
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Collection, the Licensor offers to the recipient a license to
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the Work on the same terms and conditions as the license granted
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to You under this License.
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b. Each time You Distribute or Publicly Perform an Adaptation,
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Licensor offers to the recipient a license to the original Work
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on the same terms and conditions as the license granted to You
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under this License.
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c. If the Work is classified as Software, each time You Distribute
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or Publicly Perform an Adaptation, Licensor offers to the recipient
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a copy and/or URI of the corresponding Source Code on the same
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terms and conditions as the license granted to You under this License.
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d. If the Work is used as a Web Service, each time You Distribute
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or Publicly Perform an Adaptation, or serve data derived from the
|
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Software, the Licensor offers to any recipients of the data a copy
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and/or URI of the corresponding Source Code on the same terms and
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conditions as the license granted to You under this License.
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e. If any provision of this License is invalid or unenforceable
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under applicable law, it shall not affect the validity or
|
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enforceability of the remainder of the terms of this License,
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and without further action by the parties to this agreement,
|
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such provision shall be reformed to the minimum extent necessary
|
|
to make such provision valid and enforceable.
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f. No term or provision of this License shall be deemed waived
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and no breach consented to unless such waiver or consent shall
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be in writing and signed by the party to be charged with such
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waiver or consent.
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g. This License constitutes the entire agreement between the
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parties with respect to the Work licensed here. There are no
|
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understandings, agreements or representations with respect to
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the Work not specified here. Licensor shall not be bound by any
|
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additional provisions that may appear in any communication from
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You. This License may not be modified without the mutual written
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agreement of the Licensor and You.
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h. The rights granted under, and the subject matter referenced,
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in this License were drafted utilizing the terminology of the
|
|
Berne Convention for the Protection of Literary and Artistic
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Works (as amended on September 28, 1979), the Rome Convention of
|
|
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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and Phonograms Treaty of 1996 and the Universal Copyright
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Convention (as revised on July 24, 1971). These rights and
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subject matter take effect in the relevant jurisdiction in which
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the License terms are sought to be enforced according to the
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corresponding provisions of the implementation of those treaty
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provisions in the applicable national law. If the standard suite
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of rights granted under applicable copyright law includes
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additional rights not granted under this License, such
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additional rights are deemed to be included in the License; this
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License is not intended to restrict the license of any rights
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under applicable law.
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